(A) Designation of dangerous dogs. A dog shall be designated as a dangerous dog when the Hearing Officer or a court having jurisdiction, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to the temperament of the dog, and has entered an order determining that the dog has behaved in the manner described in § 92.11(D) and designating the dog as a dangerous dog. The Hearing Officer or the court having jurisdiction, upon designating a dog as a dangerous dog, shall enter a written order requiring that, in addition to the payment of the penalties assessed, the owner shall comply with the registration and license requirements in § 92.05 and shall comply with each and all of the restrictions set forth in division (B) below.
(B) Restrictions on dangerous dogs. It shall be unlawful to keep, harbor, possess, maintain or have the care or custody of a dangerous dog within the village except upon compliance with each and all of the following restrictions at the expense of the owner:
(1) Confinement. The dangerous dog must be confined as follows:
(a) A dangerous dog on private premises must be kept indoors or outdoors either:
1. Within an enclosure;
2. Within a fully fenced yard enclosed on all sides by fencing that is at least six feet in height and locks securely; or
3. The dangerous dog is tethered in compliance with the requirements set forth in § 92.19 and the dangerous dog is supervised by an adult at least 18 years of age and the dog is securely muzzled with a muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.
(b) 1. A dangerous dog on public premises must be directly controlled and supervised by an adult at least 18 years of age.
2. Such control and supervision shall require, at a minimum that the dog be:
a. Restrained on a nonretractable leash no longer than six feet; and
b. Securely muzzled with a muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.
(2) Evaluation and training. The owner of a dangerous dog must complete, no later than 180 days after the designation of the dog as a dangerous dog, both:
(a) An evaluation of the dangerous dog by a certified applied behaviorist, a board certified veterinary behaviorist or another recognized expert in the field of dog behavior; and
(b) Obedience training or other training or treatment of the dangerous dog as deemed appropriate by the behaviorist or expert.
(3) Altering and microchipping. A dangerous dog must be altered and microchipped at the owner’s expense, if not already altered and microchipped, within 14 days after the designation of the dog as a dangerous dog.
(4) Insurance coverage. Within 14 days after the designation of a dog as a dangerous dog, the owner of the dangerous dog must obtain and maintain and provide the village with satisfactory evidence of liability insurance coverage in the amount of at least $100,000, which coverage includes, without limitation, coverage for animal bites. In lieu of liability insurance, the owner of a dangerous dog may obtain a surety bond in the value of at least $100,000.
(5) Notice of designation. No owner shall sell, transfer or otherwise place a dangerous dog in the permanent possession of any other person, including, without limitation, any animal shelter, without first notifying that person that the dog has been designated a dangerous dog pursuant to this chapter and notifying the jurisdiction to which the dog will be transferred of the dog’s designation as a dangerous dog pursuant to this chapter.
(C) Failure to comply. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a dangerous dog within the corporate limits of the village unless the dog is kept and maintained in compliance with this chapter and with the order entered by the Hearing Officer or the court having jurisdiction. Upon finding that a dangerous dog has not been so kept or maintained, the Hearing Officer or court having jurisdiction may, in addition to requiring the payment of penalties as assessed, order that the license issued for the dangerous dog pursuant to § 92.04 be revoked, that the dangerous dog be altered and microchipped at the owner’s expense, if not already altered and microchipped, and be permanently removed from the corporate limits of the village within 14 days, with the owner of the dangerous dog being responsible for all fees and costs incurred or charged by the village or the animal control facility utilized by the village in caring for the dangerous dog and the altering and microchipping prior to its removal from the corporate limits.
(D) Unlawful return of dangerous dog to the village. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a dangerous dog within the corporate limits of the village after such a dangerous dog has been ordered permanently removed from the corporate limits of the village. Upon finding that a dangerous dog has been kept, maintained or returned to the corporate limits of the village after having been ordered permanently removed from the corporate limits of the village, the Hearing Officer or court having jurisdiction may, in addition to requiring the payment of penalties provided in this chapter order that the dangerous dog be humanely destroyed.
(E) Public nuisance. Any dangerous dog that is not kept and maintained in accordance with the order entered by the Hearing Officer or the court having jurisdiction is declared hereby to be a public nuisance and may be apprehended and impounded upon the order of the animal control officer or Chief of Police. The impoundment may, at the discretion of the Chief of Police, continue through any subsequent investigation of the Police Department and any subsequent determination of the Hearing Officer or the court having jurisdiction.
(F) Dogs designated as dangerous in other jurisdictions. Any person desiring to bring a dog to live in the village that has been previously declared within another jurisdiction to have behaved in a dangerous manner or a similar manner, or has been designated within another jurisdiction as a dangerous dog or any similar designation, must notify the Police Department prior to moving the dog into the village of such declaration or designation. Upon moving the dog into the village, the dog will be considered as a dangerous dog pursuant to this chapter, and the owner shall comply with the registration and license requirements in § 92.04 of this chapter and shall comply at all times with each and every other requirement and restriction established in this chapter pertaining to dangerous dogs, including, without limitation, the restrictions set forth in division (B) above.
(Ord. 4154, passed 4-30-2012) Penalty, see § 92.99